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GALVESTON, Texas (AP) Prominent jury selection expert Robert Hirschhorn has recommended to the judge in the Robert Durst murder case that several changes be made in the questions used to pick jurors.
Hirschhorn, who has helped select juries in a number of high-profile cases, appeared in court for a pretrial hearing Monday as part of Durst's defense team.
Durst, the heir to a New York real estate fortune, goes to trial on Aug. 26 in the murder of his 71-year-old neighbor Morris Black. Black's dismembered body was found in garbage bags floating in Galveston Bay in September 2001.
Durst has pleaded not guilty by reason of self-defense or accident.
Hisrchhorn asked state District Court Judge Susan Criss to ask about hardships that would prevent people from sitting on the panel before giving them questionnaires used to eliminate potential jurors with severe bias, the Galveston County Daily News reported in its online editions Monday night.
He also suggested that a question about a defendant being "innocent until proven guilty" be changed to "innocent unless proven guilty" and that a reference to the "guilt/innocence" phase of the trial be changed to the "guilty/not guilty" phase.
Also during the hearing, Durst's attorney's questioned the validity of a woman's identification of Durst and whether evidence found in the search of Durst after his Oct. 9, 2001, arrest was admissible.
Lorre Cusick identified Durst from a photo lineup. She said she saw a man matching Durst's description asking if the area where Black's body was found was a good one for night fishing.
Prosecutors said police believed Durst was looking for a place to dump Black's body before Black died.
Defense attorney Chip Lewis argued that Cusick's identification of Durst came from a tainted photo lineup that contained the arrest mug shot of his client that also appeared in numerous news outlets.
Lewis also asked the judge to suppress Durst's arrest, the subsequent search of his car and all evidence that was collected after that.
Criss did not rule on the motions, but could when the hearing resumes Tuesday.
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